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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: May 13, 2019

List of Witnesses to be Interviewed Not Privileged

On May 2, 2019, the First Department issued a decision inĀ Gottwald v. Sebert, 2019 NY Slip Op. 03476, holding that a list of witnesses to be interviewed was not privileged, explaining:

The court providently granted Kesha’s motion to compel Sony to disclose its interview list. Although Sony’s outside counsel stated that he prepared the interview lists for Sony’s defense of Kesha’s allegations, there was no legal advice, no legal recommendations or attorney thought processes revealed in the interview lists. Nor do they appear to have been solely or primarily prepared for preparation of Sony’s defense to Kesha’s counterclaims against it.

(Internal citations omitted).

An issue that arises in almost all complex commercial litigation is identifying evidence that should be withheld from production in evidence because it is subject to the attorney-client or other privilege. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions regarding the attorney-client, common interest, work product or other privileges or exemptions from production of evidence.

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